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1996 Supreme(Mad) 774

S.S.SUBRAMANI
E. Rajkumar – Appellant
Versus
P. Nirmala Cesilia and Others – Respondent


Advocates:
P.Peppin Fernando, for Appellant. AR.L.Sundaresan, for Respondent No.1.

Judgment :

First defendant in O.S. No.555 of 1986, on the file of District Munsif’s Court, Thirumangalam, is the appellant before this Court.

2. First respondent herein, as plaintiff, filed the above suit, seeking the following reliefs: “....to pass a judgment and decree in favour of the plaintiff

(a) declaring that the plaintiff is entitled to be the Manager and Correspondent of the suit property;

(b) consequent to the passing of a decree for declaration, for a permanent injunction against the first defendant, his men, agents and persons claiming under him from in any way interfering with the peaceful possession and enjoyment of the suit property;

(c) directing the first defendant to pay the costs of this action’...”

3. For the sake of convenience, parties are referred to in this second appeal, according to their rank in the suit.

4. The averments in the plaint are as follows: Plaintiff and first defendant are sister and brother, and they are the children of second defendant. The subject-matter of the suit is a Primary School by name ‘Kasthuriba Gandhi Primary School, Munsif’s Court Road, Tirumangalam, Madurai District’. It is said that the school was established by the second d
















































































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